BILL REQ. #:  S-4104.1 

Read first time 01/28/2004.   Referred to Committee on Highways & Transportation.

     AN ACT Relating to use of high-occupancy vehicle lanes by low-emission vehicles; amending RCW 46.61.165, 47.52.025, and 81.100.020; adding new sections to chapter 46.04 RCW; adding a new section to chapter 46.16 RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 46.04 RCW to read as follows:
     "Inherently low-emission vehicle" means an inherently low-emission vehicle as defined in, and conforming to the certification and labeling requirements of, federal regulations under 40 C.F.R. Part 88, and includes zero-emission vehicles.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.04 RCW to read as follows:
     "Zero-emission vehicle" means a factory manufactured passenger vehicle that is federally certified under 40 C.F.R. Part 86, and is labeled in accordance with that regulation as a zero-emission vehicle.

NEW SECTION.  Sec. 3   A new section is added to chapter 46.16 RCW to read as follows:
     (1) The department shall issue annually, at the time of vehicle registration or renewal, optional permits in the form of a decal, label, or other identifier at the request of owners of inherently low-emission vehicles that will entitle the operator of the vehicle to use special lanes as specified in RCW 46.61.165 and 47.52.025, regardless of the number of occupants.
     (2) The department shall design the decal, label, or other identifier and shall determine its placement on inherently low-emission vehicles in conjunction with the Washington state patrol. The decal, label, or other identifier must be developed so that its removal from a vehicle cannot be accomplished without defacing or destroying the label in whole or in part.
     (3) An inherently low-emission vehicle with an ILEV label provided by a manufacturer as provided in 40 C.F.R. Part 88 must also obtain the decal, label, or other identifier designed and distributed by the department to use special lanes as specified in RCW 46.61.165 and 47.52.025.
     (4) The decal, label, or other identifier is nontransferable.
     (5) For informational purposes only, the department shall obtain a listing of inherently low-emission vehicles from the United States environmental protection agency and shall post the listings on its web site and any other medium it deems appropriate for public viewing. The department shall update the list annually.
     (6) The department may adopt rules as necessary to implement this section.

Sec. 4   RCW 46.61.165 and 1999 c 206 s 1 are each amended to read as follows:
     The state department of transportation and the local authorities are authorized to reserve all or any portion of any highway under their respective jurisdictions, including any designated lane or ramp, for the exclusive or preferential use of public transportation vehicles or private motor vehicles carrying no fewer than a specified number of passengers when such limitation will increase the efficient utilization of the highway or will aid in the conservation of energy resources. The department may open these lanes to use by single-occupant inherently low-emission vehicles at times or locations when the addition of these vehicles would not unduly contribute to congestion or impede the flow of traffic. The inherently low-emission vehicle must also display a decal, label, or other identifier issued by the department of licensing under section 3 of this act authorizing the use of the lanes. Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all times or at specified times of day or on specified days. Violation of a restriction of highway usage prescribed by the appropriate authority under this section is a traffic infraction.

Sec. 5   RCW 47.52.025 and 1974 ex.s. c 133 s 1 are each amended to read as follows:
     Highway authorities of the state, counties, and incorporated cities and towns, in addition to the specific powers granted in this chapter, shall also have, and may exercise, relative to limited access facilities, any and all additional authority, now or hereafter vested in them relative to highways or streets within their respective jurisdictions, and may regulate, restrict, or prohibit the use of such limited access facilities by various classes of vehicles or traffic. Such highway authorities may reserve any limited access facility or portions thereof, including designated lanes or ramps for the exclusive or preferential use of public transportation vehicles, privately owned buses, or private motor vehicles carrying not less than a specified number of passengers when such limitation will increase the efficient utilization of the highway facility or will aid in the conservation of energy resources. The department may open these lanes to use by single-occupant inherently low-emission vehicles at times or locations when the addition of these vehicles would not unduly contribute to congestion or impede the flow of traffic. The inherently low-emission vehicle must also display a decal, label, or other identifier issued by the department of licensing under section 3 of this act authorizing the use of the lanes. Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all time or at specified times of day or on specified days.

Sec. 6   RCW 81.100.020 and 1990 c 43 s 13 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Transit agency" means a city that operates a transit system, a public transportation benefit area, a county transportation authority, or a metropolitan municipal corporation.
     (2) The "high occupancy vehicle system" includes high occupancy vehicle lanes, related high occupancy vehicle facilities, and high occupancy vehicle programs.
     (3) "High occupancy vehicle lanes" mean lanes reserved for (a) public transportation vehicles only; or (b) public transportation vehicles, vehicles with special inherently low-emission decals, labels, or other identifiers issued under section 3 of this act, and private vehicles carrying no fewer than a specified number of passengers under RCW 46.61.165.
     (4) "Related facilities" means park and ride lots, park and pool lots, ramps, bypasses, turnouts, signal preemption, and other improvements designed to maximize use of the high occupancy vehicle system.
     (5) "High occupancy vehicle program" means advertising the high occupancy vehicle system, promoting carpool, vanpool, and transit use, providing vanpool vehicles, and enforcement of driving restrictions governing high occupancy vehicle lanes.

NEW SECTION.  Sec. 7   The department of transportation shall conduct a study on how any existing high-occupancy toll lane program or value pricing pilot program may be expanded to include vehicles whose combined city and highway average gasoline mileage is at least twice the national average for passenger cars, as that figure is determined by the United States environmental protection agency, if such vehicles were to receive a fee waiver or discount. The department shall report its findings to the legislature by January 1, 2005, or at the conclusion of the department's study of high-occupancy toll lanes under the United States federal highway's value pricing pilot program, whichever occurs first.

NEW SECTION.  Sec. 8   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 9   Sections 1 through 6 of this act take effect July 1, 2004.